Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)

Citation: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Parent Document: Vermont Small Business Development Corp. v. Fifth Son Corp., Henzel, Mad Partners, LLC and Pierson, 193 Vt. 185 (2013)
Jurisdiction: Vermont (state)
Effective Date: 2013-01-25
Original Source: https://www.courtlistener.com/opinion/1043650/vermont-small-business-developm... ↗

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¶ 14. Lessor locked lessee out of both properties on March 28, 2010. Lessor had mailed the notice of default on March 5, 2010. Lessor relies on Article XI of the restaurant lease, which provides that the termination date “shall be at least twenty (20) days after the giving of . . . notice [of default],” in combination with Article XXTV of the lease, which states that “[a]ny notice herein required or permitted to be given shall be deemed given if and when mailed . . . properly addressed to the party to whom such notice is given,” to assert that lessee had until March 25, 2010 “to cure the lease or prepare to vacate the property.” In lessor’s understanding, then, he had a right to evict lessee from the restaurant when he did so on March 28, 2010, and the trial court should not have granted summary judgment on the issue of wrongful eviction from that property. Lessor makes two argu *191

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